Filed 1/6/23 P. v. Morales CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication

or or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

SAMUEL EMMITT MORALES,

Defendant and Appellant. H049793 (Monterey County Super. Ct. No. 20CR004790)

Defendant Samuel Emmitt Morales appeals from a four

- year sentence imposed

after he pleaded no contest to threatening a witness and admitted he had suffered a prior

strike conviction. Upon defendant’ s timely appeal

, we appointed counsel to represent

him in this court. Appellate counsel filed a brief stating the case and facts but raising no

issue s. We notified defendant of his right to submit written argument on his own behalf

,

and he has not done s o.

We have review ed the entire record to determine if there are any arguable

appellate issues. ( People v. Wende (1979) 25 Cal.3d 436, 440

– 441.) We include here a

brief description of the facts and procedural history of the case as well as the convicti on

and punishment imposed

. ( People v. Kelly (2006) 40 Cal.4th 106, 123

– 124. ) Finding no

arguable issue, we will affirm the judgment.

I. TRIAL COURT PROCEEDINGS

According to testimony from the preliminary hearing, a Salinas police officer

monitoring a protest in June 2020 observed defendant “ chanting things along the lines of2

‘Fuck the police,’ ‘Let’s burn this shit down,’ as well as, ‘Let’s go l ooting. I want some

free stuff.’ ” Defendant was in a car with a woman. Defendant was on paro le, and was

later arrested at the parole office. While in custody, defendant communicated a number

of threats to the woman who had been with him at the protest. Defendant called her a

“ R ata” (Spanish for rat) and threatened violence against her

.

Defenda nt was held to answer and charged by information with threatening a

witness (Pen. Code, § 140, subd. (a)) ; three counts of attempted criminal threats (Pen.

Code, §§ 664, 422, subd. (a)) ; and misdemeanor inciting a riot (Pen. Code, § 404.6,

subd. (a)). The information alleged defendant had suffered one prior strike conviction

(Pen. Code, § 1170.12)

. As part of a negotiated disposition, defendant pleaded no contest to threatening a

witness (Pen. Code, § 140, subd. (a)) and admitted the prior strike convicti on in return for

a sentence of no more than four years in prison. The agreement allowed defendant to

bring a motion to strike the prior strike conviction, which the trial court denied. (See

People v. Superior Court (Romero) (1996) 13 Cal.4th 497.) The a greement also included

a waiver of appellate rights

. The trial court sentenced defendant to four years in prison, consisting of the low

term for threatening a witness, doubled because of the prior strike conviction. (Pen.

Code, §§ 140, subd. (a); 1170. 12, subd. (c)(1).) The court dismissed the remaining

counts on the prosecution’s motion. The court imposed a $1,200 restitution fine

(§ 1202.4, subd. (b)(1)) and a suspended $ 1,200 parole revocation fine (§ 1202.4 5 ) ; a $40

court operations assessment (§ 1465.8); and a $30 court facilities funding assessment

(Gov. Code, § 70373). Defendant received 492 days of presentence custody credit, based

on 246 actual days and 246 days’ conduct credit (§ 4019 ). 1

1 While this appeal was pending, defendant’s appointed counsel moved in the trial court to strike all fines and fees. (Citing People v. Dueñas (2019) 30 Cal.App.5th 1171.)

The trial court denied the motion.3

We have reviewed the entire record and find no argua ble issue.

II. DISPOSITION

The judgment is affirmed.____________________________________ Grover, J.

WE CONCUR:

____________________________ Greenwood, P. J.

____________________________ Lie, J.

H049793

- The People v. Morales